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[Federal Register: February 19, 2003 (Volume 68, Number 33)]
[Rules and Regulations]
[Page 7926-7931]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19fe03-19]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-03-010]
RIN 2115-AA97
Safety and Security Zones; New York Marine Inspection Zone and
Captain of the Port Zone.
ACTION: Temporary final rule; request for comments.
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[Excerpt on the NYPD ammunition depot.]
SUMMARY: The Coast Guard is establishing temporary safety and security
zones in portions of the waters around La Guardia and John F. Kennedy
airports in Queens, NY, the New York City Police Department (NYPD)
ammunition depot on Rodman Neck in Eastchester Bay, and the Port Newark
and Port Elizabeth, NJ, commercial shipping facilities in Newark Bay.
This action is necessary to safeguard critical port infrastructure and
coastal facilities from sabotage, subversive acts, or other threats.
The zones will prohibit entry into or movement within these areas
without authorization from the Captain of the Port New York.
DATES: This rule is effective from February 4, 2003 until September 1,
2003. Comments and related material must reach the Coast Guard on or
before April 21, 2003.
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(3), the Coast Guard finds that good
cause exists for not publishing an NPRM. The Captain of the Port
conducts an ongoing assessment of the maritime domain security needs
within the port and has determined that the temporary safety and
security zones established by this rule are necessary to provide for
the protection of critical port infrastructure and coastal facilities.
This determination was reached after due consideration of various
warnings publicly disseminated by the Federal Bureau of Investigation
and other law enforcement agencies, threatening statements attributed
to the al Qaeda organization, terrorist attacks upon civil aviation in
Kenya, Africa, and requests received from the police departments of New
York City and the Port Authority of New York and New Jersey. In view of
the urgent need to adequately safeguard critical coastal facilities and
infrastructure from potential terrorist attack, any delay encountered
by normal notice and comment rulemaking procedures would be contrary to
the public interest.
For the same reasons, the Coast Guard further finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register pursuant to 5 U.S.C. 553(d)(3).
Background and Purpose
On September 11, 2001 three commercial aircraft were hijacked and
flown into the World Trade Center in New York City, and the Pentagon,
inflicting catastrophic human casualties and property damage. National
security and intelligence officials warn that future terrorist attacks
are likely. The President has continued the national emergencies he
declared following the September 11, 2001 terrorist attacks. See,
Continuation of the National Emergency with Respect to Certain
Terrorist Attacks, 67 FR 58317 (September 13, 2002); Continuation of
the National Emergency With Respect To Persons Who Commit, Threaten To
Commit, Or Support Terrorism, 67 FR 59447 (September 20, 2002). The
President also has found pursuant to law, including the Magnuson Act
(50 U.S.C. 191 et seq.), that the security of the United States is
endangered by disturbances in international relations of United States
that have existed since the terrorist attacks on the United States and
such disturbances continue to endanger such relations. Executive Order
13273 of August 21, 2002, Further Amending Executive Order 10173, as
Amended, Prescribing Regulations Relating to the Safeguarding of
Vessels, Harbors, Ports, and Waterfront Facilities of the United
States, 67 FR 56215 (September 3, 2002).
Since the September 11, 2001 terrorist attacks, the Federal Bureau
of Investigation has issued several warnings concerning the potential
for additional attacks within the United States. In addition, the
ongoing hostilities in Afghanistan and growing tensions within Iraq
have made it prudent for U.S. ports and properties of national
significance to be on a higher state of alert because the al Qaeda
organization and other similar organizations have declared an ongoing
intention to conduct armed attacks on U.S. interests worldwide.
The Captain of the Port New York recently established six new
safety and security zones throughout the New York Marine Inspection
Zone and Captain of the Port Zone. (68 FR 2890, January 22, 2003).
Subsequently, the Captain of the Port has determined that the safety
and security zones established by this rule are urgently required to
meet critical maritime domain security needs that were not addressed by
the earlier rule. The Captain of the Port will consider any public
comments submitted with respect to the temporary zones established in
this rule before commencing notice and comment rulemaking to develop
any permanent successor rule that may be required to meet the security
needs of the port.
The Coast Guard is establishing temporary safety and security zones
around La Guardia and John F. Kennedy airports, the New York City
Police Department ammunition depot, and the Port Newark/Port Elizabeth
commercial shipping facilities. These safety and security zones are
necessary to provide for the safety of the port and to ensure that
vessels, facilities, airports, or ammunition depots, are not used as
targets of, or platforms for, terrorist attacks. These zones would
restrict entry into or movement within portions of the New York Marine
Inspection and Captain of the Port Zones.
NYPD Ammunition Depot, Rodman Neck, Eastchester Bay, NY
The Coast Guard is establishing two temporary safety and security
zones in all waters of Eastchester Bay near the NYPD Ammunition Depot
bound by the following points:
First, all waters of Eastchester Bay within approximately 150 yards
of Rodman Neck bound by the following points: Onshore in approximate
position 40[deg]51'30.4'' N, 073[deg]48'14.9'' W, thence to
40[deg]51'29.9'' N, 073[deg]48'20.7'' W, thence to 40[deg]51'16.9'' N,
073[deg]48'22.5'' W, thence to 40[deg]51'07.5'' N, 073[deg]48'18.7'' W,
thence to 40[deg]50'54.2'' N, 073[deg]48'11.1'' W, thence to
40[deg]50'48.5'' N, 073[deg]48'04.6'' W, thence to 40[deg]50'49.2'' N,
073[deg]47'56.5'' W, thence to 40[deg]51'03.6'' N, 073[deg]47'47.3'' W,
thence to 40[deg]51'15.7'' N, 073[deg]47'46.8'' W, thence to
40[deg]51'23.5'' N, 073[deg]47'41.9'' W, (NAD 1983) thence
southwesterly along the shoreline to the point of origin.
Second, within the boundaries of the above-described 150-yard zone,
all waters of Eastchester Bay within approximately 100 yards of Rodman
Neck bound by the following points: Onshore in approximate position
40[deg]51'30.4'' N, 073[deg]48'14.9'' W, thence to 40[deg]51'30.1'' N,
073[deg]48'19.0'' W, thence to 40[deg]51'16.8'' N, 073[deg]48'20.5'' W,
thence to 40[deg]51'07.9'' N, 073[deg]48'16.8'' W, thence to
40[deg]50'54.9'' N, 073[deg]48'09.0'' W, thence to 40[deg]50'49.7'' N,
073[deg]48'03.6'' W, thence to 40[deg]50'50.1'' N, 073[deg]47'57.9'' W,
thence to 40[deg]51'04.6'' N, 073[deg]47'48.9'' W, thence to
40[deg]51'15.9'' N, 073[deg]47'48.4'' W, thence to 40[deg]51'23.5'' N,
073[deg]47'41.9'' W, (NAD 1983) thence southwesterly along the
shoreline to the point of origin.
When port security conditions permit, the Captain of the Port will
allow vessels to operate within that portion of the 150-yard zone that
lies outside of the waters described in the 100-yard zone.
Authorization to enter the waters that lie between the outer boundaries
of the two zones will be communicated by the Captain of the Port to the
public by marine broadcast, local notice to mariners, or notice posted
at http://www.harborops.com. This regulatory framework provides the
Captain of the Port with the tools to safeguard Police Department
property and equipment and the flexibility to accommodate local
mariners to the maximum extent permissible under the circumstances then
existing.